


Research for Marvel Works

by SarahBeth



Category: Captain America - All Media Types, Marvel 616, Marvel Cinematic Universe
Genre: Fanwork Research & Reference Guides, Meta, Other
Language: English
Status: In-Progress
Published: 2016-11-06
Updated: 2017-11-26
Packaged: 2018-08-20 06:42:09
Rating: General Audiences
Warnings: Creator Chose Not To Use Archive Warnings
Chapters: 2
Words: 901
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/8239672
Author URL: https://archiveofourown.org/users/SarahBeth/pseuds/SarahBeth
Summary: Items I'm collecting to help authors enrich their work.





	1. Treason & Back Pay

Credit: [The Legal Geeks website](http://thelegalgeeks.com/2013/10/29/geeking-out-over-captain-america-winter-soldier/)

**"Geeking Out Over Captain America: Winter Soldier"**

_Since It Is a Comic…_

When Captain America joined the Avengers in the 1960s, his sidekick Bucky had been killed trying to stop a drone with a warhead on it in the final days of World War II. Captain America fell into the icy waters to be frozen for decades until the Sub-Mariner threw the block of ice with Cap into the ocean to be found by the Avengers in the 1960s (which tends to get updated every 20 years, so our heroes are not in their 70s to 90s). Bucky did not let go did not let go of the drone and was killed.

Winter Soldier re-wrote what was established comic book history.

The story centered on former Soviet General Alexander Lukin. Lukin is not happy the Soviet Union lost the Cold War.

Lukin ran a global company named Kronas Corporation as a front for his plans of domination by killing the Red Skull whose spirit was in a clone of Steve Rogers to get an artificial Cosmic Cube.

Lukin was a boy during World War II in the Russian town of Kronas. The town was destroyed in a battle between the Red Skull and the Invaders. Lukin was rescued by Vasily Karpov, who ran Soviet assassinations with advanced weapons during the Cold War.

Karpov was in a stealth Soviet submarine when Cap and Bucky were “killed.” Karpov recovered Bucky’s heavily injured frozen body missing his left arm.

The Soviets kept Bucky in suspended animation and added a bionic left arm. The Soviets would awaken Bucky over 60 years, and due to memory loss from his injuries, reprogram him with orders to kill political targets. Bucky killed the following under the code name Winter Soldier:

  * November 5, 1954: Three US soldiers in Berlin as a field test;
  * January 11, 1955: Entire UN Diplomatic Negotiation Team in Cairo;
  * May 14, 1955: NATO General James Keller;
  * January 1, 1956: British Ambassador Dalton Graines in Madripoor;
  * April 1, 1956: French Defense Minister Jacques Dupuy;
  * May 12, 1956: Algerian Peace Conference Envoy in Paris;
  * February 17, 1957: US Colonel Jefferson Hart in Mexico City; and
  * March 12, 1973: US Senator Harry Baxtor



Later comics tell of other operations, but those are the initial ones in the original story. The following comics include the Winter Soldier training the Black Widow and a relationship with her.

The Winter Soldier story arc is heavy on espionage with Nick Fury, Sharon Carter and SHIELD. The story began a several years arc, including Civil War and its aftermath.

Cap’s morality is highlighted in Winter Soldier. Instead of thinking he had to kill the Winter Soldier, the issue was how to rescue Bucky from being the Winter Soldier.

_Now That You’re Rescued…_

Bucky’s decades of killings as a Soviet agent raises many legal issues.

Could Bucky be convicted for crimes he committed as the Winter Soldier? This would become a big issue when Bucky as Captain America was put on trial.

As discussed in Skye Fall, treason is crime of treason as “levying War against them [The United States], or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.” United States Constitution, Article III, Section 3.

A Prosecutor could argue that Bucky as the Winter Soldier physically did commit acts of treason against the United States. The death toll includes soldiers, allied statesmen, a US Senator and a large number of people in Philadelphia to use death to fuel a Cosmic Cube.

Bucky would have a solid insanity defense against charges of treason and murder. The California Jury Instructions state the following on the determining whether a Defendant is legally insane:

The defendant was legally insane if:

1\. When (he/she) committed the crime[s], (he/she) had a mental disease or defect;

AND

2\. Because of that disease or defect, (he/she) was incapable of knowing or understanding the nature and quality of (his/her) act or was incapable of knowing or understanding that (his/her) act was morally or legally wrong.

None of the following qualify as a mental disease or defect for purposes of an insanity defense: personality disorder, adjustment disorder, seizure disorder, or an abnormality of personality or character made apparent only by a series of criminal or antisocial acts. (3400 CALCRIM 3450.)

Bucky’s higher brain functions were destroyed in the closing days of World War II. The Soviets reprogrammed him each time he was awaken from suspended animation. He was literally a blank slate. It was not until Captain America used the Cosmic Cube to restore Bucky’s memory that he remembered who he was. As such, Bucky was incapable of knowing his actions were murderous treason.

Bucky should be able to afford a very good defense team. He would have an excellent argument that he was a POW held by the Soviets since 1945 (or was MIA). As such, he would be entitled to back-pay under the Missing Persons Act, 37 U.S.C. §§ 551-558.


	2. Chapter 2

**Summary for the Chapter:**

> Religion of the time

An instructional film produced by an American archdiocese from 1940. This is the mass Steve would have attended. Plus, it discusses the "Pray the Mass" educational movement that the church was undertaking at that time. Absolutely amazing source material.

[1940 Latin Mass](https://youtu.be/jqkqc2-iteQ)


End file.
